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Federal Trade Commission (FTC) › Minority Shareholders

Stinson LLP

FTC’s Aggressive Focus on PE Blunted by Recent Court Decision

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Private Equity (PE) has been a popular and frequent target of the Biden Administration’s recent antitrust enforcement efforts. Earlier this year, the Federal Trade Commission (FTC) and Department of Justice Antitrust Division...more

WilmerHale

“Roll Up” or Roll On Out: Court Dismisses FTC Lawsuit Against Private Equity Firm Welsh Carson Under Section 13(b)

WilmerHale on

In a decision with significant implications for private equity firms and minority investors, on May 13, 2024, the US District Court for the Southern District of Texas dismissed the Federal Trade Commission’s (FTC) suit...more

Womble Bond Dickinson

FTC Claims Against PE Firm Put to Sleep

Womble Bond Dickinson on

The FTC’s recent campaign against private equity roll-ups hit a stumbling block on May 13 as the United States District Court for the Southern District of Texas tossed out the Federal Trade Commission’s antitrust claims...more

Dechert LLP

PE Firm with Minority Interest Defeats Antitrust Claim—But FTC Scrutiny of Roll-Ups Likely to Continue

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District court finds minority investors in companies accused of antitrust violations are not liable solely by virtue of holding a minority ownership stake. To obtain injunctive relief, the FTC must allege specific facts...more

Axinn, Veltrop & Harkrider LLP

Axinn Antitrust Insight: New Proposed Merger Guidelines Reflect DOJ and FTC’s Anti-merger Policy, Signal Continued Aggressive...

Axinn, Veltrop & Harkrider LLP on

The U.S. Department of Justice, Antitrust Division (DOJ), and the Federal Trade Commission (FTC) (and together, the “Agencies”) have released long-anticipated draft merger guidelines (the “2023 Draft Guidelines”) that...more

Morrison & Foerster LLP

DOJ and FTC Release Draft of New Merger Guidelines

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The U.S. Justice Department (DOJ) and Federal Trade Commission (FTC) (collectively, the “Agencies”) released for public comment draft Merger Guidelines that outline how the agencies evaluate proposed deals. The Agencies have...more

Robins Kaplan LLP

Financial Daily Dose 12.05.2019 | Top Story: CBS and Viacom Finalize Deal to Reunite Media Empire

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CBS and Viacom are back together again. The deal to reunite the former partners, which closed late yesterday, was pushed by National Amusements’ chief Shari Redstone since 2016 and hasted along recently by the precipitous...more

Latham & Watkins LLP

FTC Hearings Evaluate Enforcement Options for Minority Investments

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Eighth FTC Hearing features debate over whether the FTC should look more closely at non-controlling investments in competing companies. Last week, the Federal Trade Commission (FTC, or the Commission) held the eighth...more

Faegre Drinker Biddle & Reath LLP

Even Minority Interest in a Competitor Could Violate Antitrust Laws

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Companies and shareholders contemplating mergers or acquisitions must consider all potential anticompetitive implications of a deal, including the competitive effects of minority shareholder interests. The Federal Trade...more

Goodwin

Third Penalty in Two Months Against a Minority Investor Again Signals Increased FTC Enforcement of the H-S-R Act

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For the third time in less than two months, the U.S. Federal Trade Commission (FTC) has announced an enforcement action against a minority investor who failed to comply with the Hart-Scott-Rodino (“H-S-R”) Act notification...more

Goodwin

Latest H-S-R Act Enforcement Is a Cautionary Tale for Minority Investors

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Generally speaking, stock purchases which will cause an investor to hold more than $76.3 million of the target’s voting securities may require a pre-closing notification under the Hart-Scott-Rodino (“H-S-R”) Act. But there...more

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